Quote:
Mr Stokoe got out and, after being sick, continued the journey and was later dropped off on Park Lane, Darlington, near to his home. Later, at around 4.30am he was found lying on the pavement unconscious and close to death. It was initially suspected that he may have been assaulted but police quickly ruled any attack out.
Mr Stokoe, of Drinkfield Crescent, is now claiming damages from taxi driver Asif Afzal, of Saltwells Road, Middlesbrough. A writ was issued yesterday on his behalf by Ben Townsend of Stewarts Law. Mr Stokoe claims the taxi driver was negligent on the grounds that he failed to maintain the rearside passenger door properly, failed to appreciate the door was open and that Mr Stokoe was leaning out.
Furthermore, he also alleges that Mr Afzal braked in such a way as to make the taxi door slide shut
Is it safe to assume that the passenger hasn't had a fall and caused futher damage to his head after leaving the taxi? Have the solicitors got evidence that the rear door was not properly maintained? I may be assuming a little too much with the suggestion that the taxi driver was fully aware of the passenger attempting to leave the vehicle whilst in motion possibly assuming the passenger was attempting to do a runner which is why the driver put his foot on the break.
A claim for £300,000.00 for a 26 year old that can no longer work is not a huge amount of money and may indicate that the claimant was not employed at the time of the accident and doesn't particularly have the potential to be gainfully employed anyway. It may also indicate that this is not the final figure for this insurance claim but is only the figure claimed for the injury itself and that the loss of potential earnings claim will follow if this claim is won.
Could the insurance company put a % of blame on the passenger because of his behaviour in the same way they do if you don't wear your seatbelt and are involved a vehicle accident?
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